FAQs about Filing for Guardianship of a Child in Florida
Feb 08, 2020
There are multiple situations that can leave you with a child in your care who is not your own. For example, you may be a step-parent or a direct relative who has been left in charge of a child while a parent is away or sick.
Without legal guardianship of that child, however, you cannot make medical decisions, enroll the child in school, or give permission for the child to participate in certain activities. Guardianship is a necessity to provide proper care for a minor. Here are answers to some of the most common questions about obtaining guardianship of a child in the state of Florida.
Who Is Qualified to Obtain Guardianship of a Minor?
On the simplest level, there are two primary requirements for an individual to become a guardian of a minor in Florida. The individual must be at least 18 years of age
and they must be a resident of the state. Non-residents may still be approved for guardianship if they are related to the child or they are the spouse of someone related to the child, and they have never been convicted of a felony.
Of course, there are several other qualifications that the court may look at when you apply for guardianship of a minor. For example, the court may do a home study to determine that you can offer a safe and stable living environment for the child.
Can You File for Guardianship Without an Attorney?
In order to file for guardianship of a child in the state of Florida, you do not necessarily have to get the help of an attorney. However, you will have many documents that must be filed and you may have to attend a court hearing. Seeking legal counsel as you try to gain guardianship of a child is wise because these cases can be more complicated than they seem.
Some of the issues that may come up when you file for guardianship can include:
- You have some type of criminal background
- You are unsure of where the legal guardian for the child is located
- You are not directly related to the child
While you may have the best interests of the child in mind when you file for guardianship, the court must work to make sure you are a worthy candidate to take care of that child. Having an attorney to guide you through each step will be beneficial.
What Is the Difference Between Guardianship and Custody?
Guardianship is most often a temporary solution. For example, if you only plan to take care of a child while their natural birth parent is in an inpatient drug rehab program or incarcerated, guardianship would be a good solution. Custody tends to be a more permanent situation that takes more legal steps to achieve, but in some cases, custody may be more desirable than guardianship.
For instance, if a child is abandoned with you and the other parent cannot be found, filing for custody would likely be the better solution. Gaining temporary custody of a child is also possible in Florida. Filing for temporary custody can be a lot like filing for guardianship; some of the same steps apply. Yet, legally speaking, temporary custody is a different situation.
Any time a child is left without a guardian and is in your care, you have to be vigilant about doing what is best for that child. If a minor currently lives with you and you would like to obtain legal guardianship of them, contact us at the Budget Divorce Center. We don't just handle divorce; we also help clients with adoption, guardianship, and more.
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